Unclassified

AR 600–85 • 23 July 2020 23 the possibility of being selected at anytime. "Smart testing" is random testing conducted in such a manner that it is unpredictable by the testing population. This randomness must extend beyond random selection of Soldiers it must include randomness of frequency (how often the commander tests) and periodicity (when during the month/week/day the commander tests.
b. The Army DTP is a commander’s program and is executed by commanders at every level. Commanders will develop a completely random DTP as described in this chapter.
c. Commanders at every level will ensure random UA testing at the rate of 10 percent assigned end strength each month. Commanders may conduct several collections of smaller percentage within a month to meet the 10 percent monthly requirement. The primary method for selection should be the inspection random drug testing code. In addition to the monthly random testing, Soldiers not selected for random UA during the first three quarters of each fiscal year will be selected for testing during the fourth quarter using the inspection other test basis code. Unit sweep testing should not be used to meet this random testing requirement.
d. In addition to random testing, commanders should conduct periodic unit sweeps. The most effective testing programs use inspection unit testing in addition to and supplementary to a good random DTP. Inspection unit testing will not be used as a mean of testing a Soldier the commander suspects of abusing drugs, but does not have sufficient probable cause to conduct a collection code PO.
e. In areas where Soldiers receive hostile fire pay, local brigade or higher commanders will determine the required periodic testing rate (see para 4
–
7 for details of testing while deployed.
f. The most important elements of the Army’s DTP are that it is conducted randomly and is executed with consistency. The test basis available for commanders to conduct drug testing is identified in paragraph 4
–
5. Drug testing must be executed in a fair and equitable manner, meaning that in spite of a Soldier’s previous drug testing or SUDCC history, the program must be applied to all Soldiers consistently.
g. A Soldier testing positive on previous drug tests or pending separation for drug test failure is not valid reason to exempt such Soldier from continued testing regardless of test basis.
h. Commanders must not stop random testing or probable cause testing on any Soldier. Soldiers must only be exempted from drug testing when they are truly not available to provide a specimen (leave, temporary duty, and so forth the procedures to test non available Soldiers are found in paragraph 4–5a (2) and must be implemented in these cases. All military urine specimen collections will be conducted in accordance with procedures set forth in appendix E of this regulation.(See ASAP website at https://asap.army.mil/).
i. Field testing of urine specimens is unauthorized all urine specimens will be forwarded to the supporting FTDTL for testing.
j. Soldiers who test positive for illicit drugs will be evaluated fora substance use disorder, disciplined as appropriate, and considered for separation within 30 calendar days of the company commander receiving notification of the positive result from the ASAP in accordance with paragraph 10
–
6. If the positive drug report is fora MRO-reviewable drug, no adverse administrative and legal actions will be initiated pending MRO determination whether the use was for legitimate medical purposes. Soldiers diagnosed with a drug related SUD will be offered SUDCC services prior to separation. Participation in SUD treatment need not interfere with normal command administrative actions.
k. Article a, UCMJ specifically prohibits the unlawful use of the following substances amphetamines, barbiturates, cocaine, ecstasy, opiate, heroin, phencyclidine, tetrahydrocannabinol (THC, oxycodone/oxymorphone, ben- zodiazepines, lysergic acid diethylamide (LSD, steroids, and synthetic cannabis (Spice) and any compound or derivative of any such substance. It also prohibits the unlawful use of any other substance prescribed by the president or listed in Schedules I through V of Section 202 of the Controlled Substances Act (21 USC 812).
l. Soldiers are prohibited from using the following substances for the purpose of inducing excitement, intoxication, or stupefaction of the central nervous system
(1) Chemicals, propellants, or inhalants (huffing.
(2) Dietary Supplements. The DoD does not maintain a list of dietary supplements or supplement ingredients that are either allowed or banned If the Drug Enforcement Administration (DEA) declared an ingredient or dietary supplement illegal, then DoD considers it banned or illegal as well. Substances banned for use by Soldiers include
(3) Any substance FDA has declared illegal or not allowed for use in dietary supplements (such as
“ephedra”/ephedrine alkaloids, dimethylamylamine (DMAA), dimethoxybenzaldeydye (DMBA), beta-methylphene- thylamine (BMPEA)).
(4) Anything on DEA’s controlled substance list (spice, marijuana, and synthetic cannabinoids).
(5) Salvia divinorum (diviners sage.
(6) Naturally occurring substances (to include but not limited to Salvia divinorum, Jimson Weed) which are on the
DEA’s list of illegal substances.
(7) Any prescription drug without a current prescription written specifically for the Soldier.

AR 600–85 • 23 July 2020 24
(8) Prescription or over-the-counter drugs and medications when used in a manner contrary to their intended medical purpose, in excess of the prescribed dosage, or in a manner other than what is specifically prescribed.
(9) A controlled substance analogue is a substance that is intended for human consumption and is structurally or pharmacologically substantially similar to, or is represented as being similar to, a Schedule I or Schedule V substance and is not an approved medication in the United States.
(a) The use of products made or derived from hemp (as defined in 7 USC. o, including cannabidol CBD, regardless of the product’s THC concentration, claimed or actual, and regardless of whether such product may lawfully be bought, sold, and used under the law applicable to civilians, is prohibited, regardless of the rout of administration or use, subject to the exceptions below. Examples of products that are prohibited include, but are not limited to, the following products that are injected, inhaled, or otherwise introduced into the human body food products transder- mal patches, topical lotions and oils soaps and shampoos and, other cosmetic products that are applied directly to the skin. This provision is punitive, and violations maybe subject to punishment under Art. 92(1), UCMJ. Violations of this prohibition constitute a general intent offense. This prohibition will not apply to use (1) pursuant to legitimate law enforcement activities (2) by authorized personnel in performance of medical duties or (3) without knowledge that the product was made or derived from hemp, including CBD, where that lack of knowledge is honest and reasonable. The use of durable goods containing hemp, such as rope or clothing, is not prohibited. The ingestion, consumption, or use of cannabinoid formulations approved as drugs by the FDA for which the Soldier has a valid prescription, such as dronabinol (Marinol, Syndros) and cannabidiol (Epidiolex®) is excepted from this prohibition.
(b) One example of a controlled substance analogue is derivatives of 2-aminopropanal, such as mephedrone and methylenedioxypyrovalerone (MDPV) that are listed as "drugs of concern" by the US. Drug Enforcement Agency. Derivatives of 2-aminopropanal are the active ingredients in the class of drugs commonly called "bath salts" which are designed solely to be used as a means to produce excitement, intoxication and/or stupefaction of the central nervous system.
(c) Another example of a controlled substance analogue is synthetic cannabis and other tetrahydrocannabinol THC) substitutes that have no known application other than mimicking the effects of THC in the human body. Numerous synthetic THC substitutes are now available on the open market in many States. Synthetic cannabis and THC substitutes are used in drugs such as "spice" which are so closely related inaction to THC as to make it obvious that synthetic cannabis and THC substitutes will have the same potential for abuse as THC.
(d) Army personnel are prohibited from using, possessing, manufacturing, selling, distributing, importing into or exporting from the United States any controlled substance analogue. This includes, but is not limited to, synthetic cannabis (also known as "spice, substances containing derivatives of 2-aminopropanal (also known as "bath salts, cathinone substitutes or the cocaine analogue RTI 126. Army personnel may not introduce these substances into any installation, vessel, vehicle or aircraft used by or under the control of the Army. This policy does not apply to alcohol, caffeine, tobacco, or lawfully used prescription or over-the-counter medications, nor does it prohibit the lawful use of traditional "bath salt" or "Epsom salt" products.

Download 3.47 Mb.

Share with your friends: